S. 138 negotiable instrument act

Jagdish (Querist) 29 October 2013 This query is : Resolved
Order for issue of Non bailable warrant (NBW) was passed against accused by trial court due to cheque bounced. But NBW was not served on accused. If accused will present in the court on next date, will accused get the bail or court take him under custody? if custody, then how many days.?

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Nadeem Qureshi (Expert) 29 October 2013
Dear Querist
because the matter is related to bailable offence the court will grant bail if he apply for bail & not take him under custody.

Sarvesh Kumar Sharma Advocate (Expert) 29 October 2013
Due to bailable nature of case it is accused right to get bail; once you get the bail and than absent from proceeding the nbw recall is discretion of trial court.

ajay sethi (Expert) 29 October 2013
court will stay the NBw . dont worry attend court

V R SHROFF (Expert) 29 October 2013
Go to court in person, and APPLY for cancellation of Warrant.
It will be allowed.
Immediately apply for Release on PR Bond/ or Cash Bail / or Regular Bail.
It will be done.
You may be fined Rs. 100-200 for Warrant Cancellation.
OK